Home break in question

This is a discussion on Home break in question within the General Firearm Discussion forums, part of the Related Topics category; The senecio: Say you are at home watching Monday Night Football. Having a couple beers or even a six pack while watching the game. BG ...

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  1. #1
    Member Array Pawatch's Avatar
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    Home break in question

    The senecio:
    Say you are at home watching Monday Night Football. Having a couple beers or even a six pack while watching the game. BG breaks into your house and you shoot and kill the BG.
    Could the drinks you had be a problem for you?

    Not trying to open a can of worms but a lot of people talk about going to bars and not drinking because of carrying. Just would like to hear your thoughts.

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  3. #2
    Senior Member Array patri0t's Avatar
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    Not in most jurisdictions. Castle Doctrine. You were 'legally drinking responsibly'. Alternative was "Death or Serious Bodily Injury" so its a moot point anyway.

    Some jurisdictions may have an Overly Ambitious DA and could 'try' to make a case, but it would be lame.
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    A Prosecutor may try to make it an issue, but I would suggest it is highly dependent upon:

    1) The state you live in;
    2) The City you live in;
    3) Your BAC (if even taken);
    4) Corroborating evidence;
    5) Corroborating stories from witnesses;
    6) If you waited until the game was over to call 911;
    7) The political stripes of the Prosecutor and the general political environment;
    8) How many shots you fired and where they landed;
    9) Whether this might be construed as a "Hate Crime" for various and sundry reasons; and
    10) Who was playing

    Having said that, there are likely a million other variables to discuss and cuss.

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    VIP Member Array StormRhydr's Avatar
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    The "Problem" that seems most likely to me, is that you may shoot someone you shouldnt shoot, because you are liquored up, and make an error in judgement. If its really a burglar, I dont see lots of problems.
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    Ex Member Array Manderinobyebye's Avatar
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    I'm not much of a drinker.That said if i had to much to drink and couldn't hit the BG then it would be a problem and i haven't been that drunk in a long time.It's not like i could say hey BG i'm drunk,could you come back in a couple of hours ,i'm scared to shoot you at this time lol.

    .Personally i can't imagine not being able to protect myself,if someone broke into my home no matter the circumstances.Whether i'm drunk or sober,it makes zero difference to me.They broke into my home.
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    Could it be a problem? Yes- it could. That's one of the reasons I never have more than one drink an evening (and even that is rare).

    However the problem it would cause is likely to be less of a problem than being dead would be.
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    Medically and legally - Guns and alcohol do NOT mix!!!! If you read other alcohol related threads on this forum you will find the overwhelming consensus of the responsible gun owners here is do not drink and handle a gun. You are no less impaired on your sofa than you are in an automobile.

    You do not have to give up the beer: There are many very good brands of NA beer on the market. My favorite is Kaliber. And if you are a Bud drinker, AB makes a relatively decent amber NA beer.

    So, enjoy your beer, pizza, pretzles and the game. Just don't drink alcohol.
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    VIP Member Array blitzburgh's Avatar
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    Having a few drinks during the game in my home doesn't mean I forfeit the right to defend myself and loved ones in my state and I'd act accordingly.
    "Rebellion against tyrants is obedience to God." - Benjamin Franklin
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    Quote Originally Posted by Pawatch View Post
    The senecio:
    Say you are at home watching Monday Night Football. Having a couple beers or even a six pack while watching the game. BG breaks into your house and you shoot and kill the BG.
    Could the drinks you had be a problem for you?
    Only if it slowed down your draw.

    Seriously, you don't surrender the sanctity and safety of your own home simply because you chose to drink.

    Someone brazen enough to forcibly enter your home while you're in it has already defined himself as a vicious criminal. That part doesn't change whether you're a teetotaler or an alcoholic.

    Where things get fuzzy is if your behaviors are irresponsible, for example shooting through the door at unidentified voices outside. That's when the "reasonable man" doctrine comes into play, not the "reasonable intoxicated man" doctrine.
    Smitty
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  11. #10
    Distinguished Member Array Dan060's Avatar
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    So, enjoy your beer, pizza, pretzles and the game. Just don't drink alcohol?


    I haven't drank in a while now but i thought beer had alcohol in it.

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    Quote Originally Posted by Dan060 View Post
    I haven't drank in a while now but i thought beer had alcohol in it.
    NA means no alcohol...........there are several pretty good brands of NA beer - and a couple of drinkable brands of NA wine also.

    Honest!!!!
    Getting old was not on my list of "things to do" in the Golden Years!

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  13. #12
    Member Array Pawatch's Avatar
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    Wanted to add...my beer drinking now averages out to about one beer a year. Hard liquor not my thing. Glass or two of wine is all. If I would tie one on like I did when I was 21, probably take me a week to recover
    Some good replies!

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    Senior Member Array patri0t's Avatar
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    Quote Originally Posted by patri0t View Post
    Not in most jurisdictions. Castle Doctrine. You were 'legally drinking responsibly'. Alternative was "Death or Serious Bodily Injury" so its a moot point anyway.

    Some jurisdictions may have an Overly Ambitious DA and could 'try' to make a case, but it would be lame.
    I have answered several 911 calls like this in the Detroit area (mega-lib environment).
    Drink your entire six pack, lock the doors and smoke anyone who attempts to cause you 'Great Bodily Harm'.
    Yes, you can protect your life, even if you are impaired.
    Your HOME is your Castle, and it is near impossible to void someone's rights inside their home. Period.

    You cannot drink your rights away. It is scary to believe anyone would even ask this question. This is still the U.S.A. !!

  15. #14
    Senior Member Array Brent95's Avatar
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    Someone breaks into my home i'm drunk,i'm going to shoot them.I wouldn't think twice about it.I have the right to protect my home and unless the Castle Doctrine is changed for S.C. i'm not concerned about my condition.
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  16. #15
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    Quote Originally Posted by Rock and Glock View Post
    A Prosecutor may try to make it an issue, but I would suggest it is highly dependent upon:

    1) The state you live in;
    2) The City you live in;
    3) Your BAC (if even taken);
    4) Corroborating evidence;
    5) Corroborating stories from witnesses;
    6) If you waited until the game was over to call 911;
    7) The political stripes of the Prosecutor and the general political environment;
    8) How many shots you fired and where they landed;
    9) Whether this might be construed as a "Hate Crime" for various and sundry reasons; and
    10) Who was playing

    Having said that, there are likely a million other variables to discuss and cuss.
    If I may add...
    You probably don't want to be wearing your shooting gogles and electronic 'muffs when LE arrives, either.

    I don't drink much anymore, but a couple of times a month, usually on a football evening, I may sip a couple of beers, watch a game, and include some hot tub time, too. My home my beer, my rules...kick in my door and thosewill not be in your favor.

    Now I'm a man closer to 70 than 60, I have several 'parts' missing, and even some extra metal parts put in. I'm not the least bit worried about the outcome...I have a home and wife of 42 years to protect, and I will do so without hesitation...beer or no beer.


    Late addition to my original post concerning alcohol intake specifically, let me add... http://www.youtube.com/watch?v=_u5A0H6PkqE
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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